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Pursuant to FRCP 37, "On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action."
The notice to produce (literally: "bring these documents with you to the deposition") is served prior to the deposition. This follows the Federal Rules of Civil Procedure. [1] The method of using a subpoena duces tecum is generally valid only to compel a witness to produce documents and other things at the time of the deposition.
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Writ petitions can also be filed with a superior court in order to compel an administrative agency or other entity, public or private, to perform a duty required by law. Although these petitions can be filed with the court of appeal or Supreme Court in the first instance, they are usually summarily denied without prejudice. [33]
With respect to the government's ability to compel disclosure, the most significant distinction made by the SCA is between communications held in electronic communications services, which require a search warrant and probable cause, and those in remote computing services, which require only a subpoena or court order, with prior notice.
Mar. 7—CONCORD — In the wake of Adam Montgomery's murder conviction, the New Hampshire House of Representatives suspended all its rules to let in a late bill that would compel offenders ...
Contempt of Congress [1] is the misdemeanor act of obstructing the work of the United States Congress or one of its committees.Historically, the bribery of a U.S. senator or U.S. representative was considered contempt of Congress.
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